Tag Archives: Contract

By Neil Cahn on October 6, 2014 Posted in Agreements and Stipulations,MaintenanceA couple that used “employment” of the ex-wife by the ex-husband as a device to provide post-remarriage support to the ex-wife was bound to employment rules. The wife could be fired for misconduct. So held the Appellate Division, Fourth Department, in its September 26, 2014 decision in Anderson v. Anderson. The Separation and Property Settlement… Continue Reading

By Neil Cahn on November 18, 2013 Posted in Agreements and Stipulations,Miscellaneous Actions and Proceedings,PensionsA non-written agreement for cohabitants to share retirement benefits can be enforceable under a breach of contract claim, but will not support claims to impose a constructive trust, or for unjust enrichment or an accounting. Such was the holding of the Appellate Division, Second Department, in its November 13, 2013 decision in Dee v. Rakower.… Continue Reading